Tenant Won't Leave After Notice in Ontario

A notice of termination tells the tenant the date the landlord wants the tenancy to end. If the tenant moves out by then, the tenancy ends. If the tenant stays, nothing else happens on its own. The landlord has to apply to the Landlord and Tenant Board (LTB) under the Residential Tenancies Act, 2006, win an order, and then use the Court Enforcement Office (the Sheriff) to carry it out.

The Act says a tenancy can be terminated only in accordance with the Act. That is why waiting out the tenant, changing locks or moving their belongings does not work, and can leave you liable. The right path is slower, but it is the one that ends with an order you can enforce. The step-by-step overview is in how to evict a tenant in Ontario, and the tenant's version is in the Ontario eviction timeline.

Your application stands on the notice, so check it before you file.

• The right form and period. The form depends on the reason: N4 for unpaid rent, N5, N6 or N7 for cause, N8 for persistent late payment, N12 for your own or a buyer's use, N13 for demolition or renovations. See the landlord notice guide for the periods.
• The right termination date. For no-fault notices the date must be the last day of a rental period or, in a fixed term, the end of the term.
• A current form. Several notices and applications were updated, and the older versions are not accepted after November 30, 2026. Check the LTB forms page.
• The 30-day window. Most applications must be filed within 30 days after the termination date. A notice other than one for non-payment becomes void 30 days after its termination date unless the tenant has moved out or you have applied to the LTB. Unpaid rent applications have no filing deadline.

If your notice was an N12 and you gave at least 120 days' notice, you did not owe the compensation that applies to shorter notices. If you gave less than 120 days, the compensation rules still apply, and the LTB cannot issue an eviction order until required compensation has been paid.

1. Apply to the LTB. Use the L1 for unpaid rent and the L2 for other reasons. Pay the filing fee, which is not refundable.
2. Prepare for the hearing. You must prove the case. For a renovation or demolition notice the LTB will not order an eviction unless you intend in good faith to do the work and have the necessary permits, or have taken all reasonable steps to get them where permits cannot be issued until the unit is empty.
3. Attend the hearing. The tenant can explain why they should not be evicted or ask for more time. The LTB must consider whether to refuse or delay the eviction.
4. Get the order. The LTB says most orders are issued within 30 days after a hearing.
5. File the order with the Sheriff. The order expires six months after it takes effect if it has not been filed with the Sheriff. The Sheriff charges a fee, then enforces the order.

On timing, the LTB application and hearing page reported averages of about 3 months to schedule rent applications (L1 and L9) and 5 to 7 months for most other applications. Those figures were framed as of 2024, so check the page for current numbers. For a straight answer on timing, see how long it takes to evict a tenant.

Postponement. Since September 21, 2026, the LTB can postpone enforcement of an eviction only if you consent, or if it would not be unfair to you or other tenants and, for most applications, there are compelling grounds.

Review. A request to review an order must be filed within 15 days of the order, for orders made on or after July 1, 2026. The fee is $58.

Set-aside motion. If an order was made without a hearing, for example an L3 or L4 order, the tenant can file a motion to set it aside within 10 days. Filing on time puts the order on hold until a final decision.

Appeal. Either side can appeal to the Divisional Court within 30 days, on a question of law only. An appeal automatically stays the order unless the court or the LTB lifts the stay.

Plan for these windows before you promise a unit to a new tenant or buyer.

Taking money after a notice. Accepting arrears or money for use and occupation after a notice, or after an LTB order, does not waive the notice, reinstate the tenancy or create a new one, unless you and the tenant agree otherwise. Do not sign anything that says the tenancy continues unless you mean it.

Rent still counts. If the tenant has not paid, you can ask the LTB to order the arrears with the eviction, or collect them later on an L9 or an L10. See the guide on a tenant not paying rent.

Someone else is in the unit. If a tenant hands the unit to another person without a proper assignment or sublet, you have 60 days after you discover it to apply to the LTB to end the tenancy and evict both. If you do not apply in time, the occupant becomes a tenant. You are entitled to compensation for use and occupation, and accepting it does not create a tenancy unless you and the occupant agree otherwise.

The tenant says they will leave. A written agreement to end the tenancy, an N11, is valid when both sides sign it, but a landlord cannot require a tenant to sign one.

• Do not change the locks without giving the tenant a key. The exceptions are a Sheriff eviction, or a unit you are sure is abandoned.
• Do not cut vital services. Water, fuel, electricity, gas, and heat from September 1 to June 15 must continue until an eviction order is actually enforced.
• Do not move belongings out. After a Sheriff eviction you must wait 72 hours before selling, keeping or disposing of what is left, and make it available between 8 a.m. and 8 p.m. If a tenant leaves under a notice, an agreement or an LTB order, you may dispose of property left behind, and the Act sets no waiting period except after a Sheriff eviction.
• Do not treat a unit as abandoned because the tenant is away. A tenant who is not in arrears has not abandoned the unit. If you believe a unit is abandoned, you can apply to the LTB on an L2.
• Do not harass or enter without proper notice. Entry needs 24 hours' written notice with the reason and a time between 8 a.m. and 8 p.m., unless it is an emergency or the tenant consents at the time.

Offences under the Act carry fines of up to $100,000 for an individual and $500,000 for a corporation. More on the reasons and rules: what to do if a tenant refuses to move out and what to do with abandoned property.

This guide explains the rules in general terms; for a specific case, ask the tribunal or a licensed legal professional.